The scenario is rather common, and it goes something like this.
Counsel starts out with the first point in his or her argument, also the first issue briefed. The judges listen. Counsel completes discussion of the first issue and turns to the next issue. But a question from the bench intrudes. Counsel, anxious to move on to issue two, gives a one-word or one-sentence response. Another judge follows up on the question, and the lawyer again gives a slightly longer, but still peremptory, response. Counsel then resumes his or her forced march through the argument, moving on to issue two, then three, then four. The judges sit quietly, unsatisfied that their questions have not been thoughtfully answered. They could push the point and demand a more complete answer, but they decide not to, having decided it is not a productive use of time.
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